13. Italy and Orange Free State. Treaty of commerce, January 9, 1890. Article 9. (Text identical with that of No. 1.)

14. Italy and Mexico. Treaty of commerce, April 16, 1890. Article 27. (Text similar to that of No. 1.)

15. Italy and Switzerland. Treaty of commerce of April 19, 1892. Article 14: The high contracting Parties agree, should occasion arise, to settle by means of arbitration questions concerning the interpretation and application of the present treaty, which cannot be settled to their common satisfaction by the direct method of diplomatic negotiation.

16. Italy and Colombia. Treaty of commerce, October 27, 1892. Article 27. (Text similar to that of No. 1.)

17. Italy and Montenegro. Extradition Convention, October 29, 1892. Article 18. (Text identical with that of No. 5.)

18. Italy and Paraguay. Treaty of commerce, August 22, 1893. Article 23. (Text identical with that of No. 1.)

19. Italy and Argentine Republic. General Treaty of arbitration, July 23, 1898.

His Majesty the King of Italy and his Excellency the President of the Argentine Republic, animated by the desire of always promoting the cordial relations which exist between their States, have resolved to conclude a general treaty of arbitration, and have named for this purpose as the ministers plenipotentiary: His Majesty the King of Italy, his Excellency Count Napoleon Canevaro, Senator of the Kingdom, Vice Admiral in the Royal Navy, his Minister of Foreign Affairs; and his Excellency the President of the Argentine Republic, his Excellency Don Enrice B. Moreno, his Envoy Extraordinary, etc., Minister Plenipotentiary at the Court of the King of Italy.

Who, having found their respective full powers to be perfectly regular, have agreed upon the following:

ARTICLE 1. The high signatory Powers agree to submit to arbitral decision. all controversies, whatever may be their nature and cause, which may arise between them, during the existence of this treaty, and which could not be settled in a friendly manner by direct negotiation.

It makes no difference if the controversies originated in facts prior to the provision of the present treaty.

ARTICLE 2. The high signatory Powers shall conclude a special convention for each case, in order to set forth the exact matter in dispute, the extent of the powers of the arbitrators, and any other matter with regard to procedure which shall be deemed proper.

In default of such convention, the tribunal shall specify according to the reciprocal claims of the Parties, the points of law and fact which should be decided to close the controversy.

In all other regards, in default of a special convention, the following rules shall apply:

[28] ARTICLE 3. The tribunal shall be composed of three judges. Each one of the signatory States shall designate one of them. The arbitrators thus chosen shall choose the third arbitrator.

If they cannot agree upon a choice, the third arbitrator shall be named by the head of a third State, who shall be called upon to make the selection. This State shall be designated by the arbitrators already named. If they cannot agree upon the nomination of a third arbitrator, request shall be made of the

President of the Swiss Confederation and of the King of Sweden and Norway, alternately. The third arbitrator thus selected shall be of right president of the tribunal.

The same person can never be named successively as third arbitrator.

None of the arbitrators shall be a citizen of the signatory States, nor domiciled or resident within their territories. The arbitrators shall have no interest whatever in the questions forming the subject of arbitration.

ARTICLE 4. When one arbitrator, for whatever reason, cannot take charge of the office to which he has been named, or if he cannot continue therein, his successor shall be appointed by the same procedure as was followed for his appointment.

ARTICLE 5. In default of special agreements between the Parties, the tribunal shall designate the time and place for its meetings outside the territories of the contracting States, choose the language to be used, determine the methods of examination, the formalities and periods which shall be prescribed for the Parties, the procedure to be followed, and, in general, make all decisions necessary for their operations, as well as settle all difficulties concerning procedure which may arise during the course of the argument.

The Parties agree, on their side, to place at the disposal of the arbitrators all means of information within their power.

ARTICLE 6. An agent of each Party shall be present at the sessions and represent his Government in all matters regarding arbitration.

ARTICLE 7. The tribunal has power to decide upon the regularity of its formation, the validity of the compromis and the interpretation thereof.

ARTICLE 8. The tribunal shall decide according to the principles of international law, unless the compromis applies special rules or authorizes the arbitrators to decide only in the rôle of amiables compositeurs.

ARTICLE 9. Unless there is a provision expressly to the contrary, all the deliberations of the tribunal shall be valid when they are secured by a majority vote of all of the arbitrators.

ARTICLE 10. The award shall decide finally each point in litigation. It shall be drawn up in duplicate original and signed by all the arbitrators. In case one of them refuses to sign, the others shall mention it and the award shall take effect when signed by the absolute majority of the arbitrators. Dissenting opinions shall not be inserted in the decision.

The award shall be notified to each Party through its representative before the tribunal.

ARTICLE 11. Each Party shall bear its own expenses and one-half of the general expenses of the arbitral tribunal.

ARTICLE 12. The award, legally rendered, decides the disputes between the Parties within the limits of its scope.

It shall contain an indication of the period within which it must be executed. The tribunal which rendered it shall decide questions which may arise concerning its execution.

ARTICLE 13. The decision cannot be appealed from, and its execution is entrusted to the honor of the nations signatory to this agreement.

However, a demand for revision will be allowed before the same tribunal

which rendered the award and before it is executed:

(1) If it has been based upon a false or erroneous document;

(2) If the decision was in whole or in part the result of an error of positive or negative fact which results from the acts or documents in the case.

ARTICLE 14. The present treaty shall run for a period of ten years from the exchange of ratifications. If it is not denounced six months before its expiration, it shall be considered renewed for another period of ten years, and so on in

like manner.

ARTICLE 15. The present treaty shall be ratified and the ratifications exchanged at Buenos Aires within six months from this date.

Japan

Japan concluded a treaty of friendship, commerce, and navigation with Siam, February 25, 1898. Article 3 of the annexed protocol contains the following arbitration clause: Any controversies which may arise respecting the interpretation or the execution of the treaty signed this day or the conse[29] quences of any violation thereof shall be submitted, when the means of settling them directly by amicable agreement are exhausted, to the decision of commissions of arbitration, and the result of such arbitration shall be binding upon both Governments.

The members of such commissions shall be selected by the two Governments by common consent, failing which each of the Parties shall nominate an arbitrator, or an equal number of arbitrators thus appointed shall select an umpire.

The procedure of the arbitration shall in each case be determined by the contracting Parties, failing which the commission of arbitration shall be itself entitled to determine it beforehand.

Mexico

1. Mexico and Great Britain. Treaty of friendship, commerce, and navigation of November 27, 1888. Article 15. (Reproduced under the heading "Great Britain.")

2. Mexico and Italy. Treaty of commerce of April 16, 1890. Article 27. (Reproduced under the heading “ Italy.”)

Montenegro

Montenegro and Italy. Treaty of commerce of March 28, 1883. Article 17. (Reproduced under the heading "Italy.")

Norway

Norway is bound by clauses of arbitration with the following countries: 1. Norway and Mexico. Treaty of July 29, 1885. Articles 26 and 27. ARTICLE 26. The questions that may arise respecting the interpretation or the execution of the treaty of commerce between Sweden and Norway and Mexico or respecting the consequences of any violation of the said treaty shall be submitted, when all direct means of arrangement and friendly discussion between the two high Parties have been exhausted, to commissions of arbitration whose decisions shall be binding on the high contracting Parties. The members of these commissions shall be appointed by a common agreement by the two high Parties, and in case agreement cannot be reached, each of them shall name an arbitrator

or an equal number of arbitrators, and those who are thus named shall designate an umpire, who shall act in case of disagreement. The procedure for the arbitration shall be determined in each case by the high contracting Parties, and in default thereof the commission of arbitration shall determine it before entering upon its duties. In all cases the high contracting Parties shall define the questions or matters which are to be submitted to arbitration.

ARTICLE 27. It is consequently stipulated that if one or more articles of the present treaty come to be violated or infringed, neither of the contracting Parties shall make or authorize reprisals of any kind, nor declare war upon the other by reason of an injury suffered by it until the Party which considers itself aggrieved has presented to the other a statement accompanied by evidence of its complaints, and, after having requested justice and satisfaction, its request has been rejected and the offending Party has refused to submit the difference to the commission of arbitration.

2. Norway and Siam. May 18, 1868. Article 28. tween Austria-Hungary and gary.")

Treaty of friendship, commerce, and navigation of (Text identical with Article 26 of the treaty beSiam, reproduced under the heading "Austria-Hun

3. Norway and Spain. Declaration of June 23, 1887. Article 2. (Text reproduced under the heading "Spain.")

4. Norway and Switzerland. Treaty of commerce and settlement of March 22, 1894. Article 7: In case a difference respecting the interpretation or the application of the present treaty arises between the two contracting Parties and cannot be settled in a friendly way by means of diplomatic correspondence, they agree to submit it to the judgment of an arbitral tribunal, whose decision they engage to respect and execute loyally.

[30] The arbitral tribunal shall be composed of three members. Each of the contracting Parties shall designate one of them, who shall be chosen outside its nationals and the inhabitants of the country. These two arbitrators shall name the third. If they cannot agree on the choice of the latter, the third arbitrator shall be named by a Government designated by two arbitrators or, in default of agreement by lot.

5. Norway and Belgium. Treaty of commerce and navigation of June 11, 1895. Article 20. (Text reproduced above under the heading “Belgium.”) 6. Norway and Portugal. Treaty of commerce of December 31, 1895. (Same text as that of the treaty of Switzerland reproduced above, No. 5.)

Netherlands

1. Netherlands and Italy. Convention for gratuitous patronage of January 9, 1884. Article 4. (Reproduced under the heading "Italy.")

2. Netherlands and Portugal. These two States are reciprocally bound by a clause of arbitration, at first limited, then generalized under the following conditions:

A. Clause of limited arbitration. The Convention concluded at Lisbon, June 10, 1893, between the Netherlands and Portugal to regulate in an exact way the relations between the two countries in the Archipelago of Timor and Solor contains in its Article 7 the following arbitration clause:

In case any difference should arise in respect of their international relations in the Archipelago of Timor and Solor or on the subject of the interpre

tation of the present Convention, the high Parties engage to submit to the decision of a commission of arbitrators. This commission shall be composed of an equal number of arbitrators chosen by the high contracting Parties and an arbitrator designated by those arbitrators.

B. Clause of general arbitration. The Declaration exchanged at Lisbon, July 5, 1894, between the two Governments on the subject of the provisional regulation of commercial relations contains the following clause:

All questions and all differences respecting the interpretation or execution of the present Declaration, likewise any other question that may arise between the two countries, provided that it does not touch their independence or their autonomy, if they cannot be settled amicably, shall be submitted to the judgment of two arbitrators, of which one shall be appointed by each of the two Governments. In case of difference of opinion between the two arbitrators, the latter shall designate by common agreement a third who shall decide.

Portugal

1. Portugal and Netherlands. Convention of June 10, 1893. Article 7 (clause of limited arbitration) and Declaration of July 5, 1894 (clause of general arbitration). (Reproduced under the heading "Netherlands.")

2. Portugal and Norway. Treaty of commerce of December 31, 1895. (Reproduced under the heading "Norway.")

Roumania

1. Roumania and Italy. Consular Convention of August 17, 1880. Article 32. (Reproduced under the heading "Italy.")

2. Roumania and Switzerland. Treaty of commerce of February 19/March 3, 1893. Article 7: The high contracting Parties agree to settle, should the case arise, by means of arbitration the questions concerning the application and interpretation of the present Convention which cannot be settled to their mutual satisfaction by the direct means of diplomatic negotiation.

Siam

Five treaties concluded by the Siamese Government contain a clause of arbitration:

1. Siam and Sweden and Norway. Treaty of friendship, commerce, and navigation of May 18, 1868. Article 25. (Text identical with Article 26 of the treaty between Austria-Hungary and Siam, reproduced under the heading "Austria-Hungary.")

2. Siam and Belgium. Treaty of friendship and commerce of August 29, 1868. (Reproduced under the heading "Belgium.")

3. Siam and Italy. Treaty of friendship, commerce, and navigation of October 3, 1868. Article 27. (Reproduced under the heading "Italy.") [31] 4. Siam and Austria-Hungry. Treaty of commerce of May 17, 1869. Article 26. (Reproduced under the heading "Austria-Hungary.")

5. Siam and Japan. Treaty of friendship, commerce, and navigation of February 25, 1898. Article 3 of the annexed protocol. (Reproduced under the heading "Japan.")